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Session Laws, 1979
Volume 737, Page 1446   View pdf image
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1446                                       LAWS OF MARYLAND                                    Ch. 513

(A)   ANY PERSON MAY FILE, UNDER OATH, A WRITTEN, SIGNED
COMPLAINT WITH THE COMMISSION ALLEGING A VIOLATION OF ANY OF
THE PROVISIONS OF THIS ARTICLE, AND THE COMMISSION ON ITS
OWN MOTION MAY ISSUE A COMPLAINT ALLEGING A VIOLATION OF
THIS ARTICLE. THE COMMISSION PROMPTLY SHALL PROVIDE THE
RESPONDENT WITH A COPY OF THE COMPLAINT.

(B)   IF THE COMPLAINT CONCERNS A STATE OFFICIAL OF THE

JUDICIAL BRANCH AND A VIOLATION OF TITLE 3 OR TITLE 4 OF

THIS ARTICLE WHO IS A JUDGE OF A COURT ESTABLISHED UNDER
ARTICLE IV, SECTION 1 OF THE CONSTITUTION, THE COMMISSION
PROMPTLY SHALL REFER THE COMPLAINT TO THE COMMISSION ON
JUDICIAL DISABILITIES FOR FURTHER ACTION.

(C)   IF THE COMPLAINT CONCERNS A STATE OFFICIAL OF THE
LEGISLATIVE BRANCH AND A VIOLATION OF TITLE 3 OF THIS
ARTICLE, THE COMMISSION PROMPTLY SHALL REFER THE COMPLAINT
TO THE JOINT COMMITTEE ON LEGISLATIVE ETHICS FOR FURTHER
ACTION.

(D) IF THE COMPLAINT CONCERNS ANY OTHER OFFICIAL OR

ANY EMPLOYEE, THE COMMISSION PROMPTLY SHALL REFER THE

COMPLAINT TO ITS STAFF COUNSEL FOR FURTHER ACTION. WITH
RESPECT TO SUCH COMPLAINTS:

(1)   THE STAFF COUNSEL SHALL COLLECT EVIDENCE
RELATING TO THE ALLEGATIONS OF THE COMPLAINT AND REFER, THAT
EVIDENCE TO THE COMMISSION FOR DISPOSITION.

(2)   IF THE COMMISSION DETERMINES THAT THE
EVIDENCE DOES NOT MERIT FURTHER PROCEEDINGS THE COMPLAINT
SHALL BE DISMISSED BY THE COMMISSION IN A SIGNED ORDER. AN
ORDER OF DISMISSAL SHALL BE SENT TO THE COMPLAINANT AND TO
THE RESPONDENT FORTHWITH.

(3)   PRIOR TO REFERRING EVIDENCE TO THE
COMMISSION, THE STAFF COUNSEL SHALL NOTIFY THE COMPLAINANT
AND RESPONDENT. IF, WITHIN 15 DAYS OF THE NOTICE. THE
RESPONDENT TAKES ANY ACTION WHICH MAY BE AVAILABLE TO CURE
ALL ALLEGED VIOLATIONS, THE COMPLAINT SHALL BE DISMISSED BY
A SIGNED ORDER IF THE COMMISSION FINDS SUCH ACTION IS NOT
CONTRARY TO THE PURPOSES OF THIS ARTICLE.

(4) IF THE COMPLAINT IS NOT DISMISSED PURSUANT

TO SUBSECTION (2) OR (3), IT SHALL HOLD A HEARING ON THE
COMPLAINT. IN PREPARATION FOR THE HEARING, THE RESPONDENT
MAY USE THE SUBPOENA POWER OF THE COMMISSION.

(5) AT THE HEARING, THE STAFF COUNSEL SHALL
PRESENT TO THE COMMISSION ALL EVIDENCE AVAILABLE TO HIM
RELATING TO THE COMPLAINT. THE STAFF COUNSEL MAY RECOMMEND
TO THE COMMISSION SUCH DISPOSITION OF THE COMPLAINT AS

APPEARS APPROPRIATE TO HIM. THE RESPONDENT MAY____BE

REPRESENTED BY COUNSEL, AND THE PROCEEDING SHALL___BE

CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE
ADMINISTRATIVE PROCEDURE ACT TO___THE EXTENT THAT ACT IS

CONSISTENT WITH THIS ARTICLE.

 

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Session Laws, 1979
Volume 737, Page 1446   View pdf image
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